Mar 222012
 

I contacted the Nashville Police Department and they said that they can take official fingerprints for use by the states and the FBI for background checks.

We need to go to: 200 James Robertson Pkwy at the Criminal Justice Center

They have "standard cards supplied by the FBI for fingerprint submissions that are used for regular background checks." 

They said, "Yes, we can do it. The standard fee is $9 for the first set and $1 for each additional set of prints if needed. We are open Mon-Fri from 7AM to 6PM. Please make sure to bring the form with you."

Mar 222012
 

To obtain a Tennessee background check, we need to download the application from here : http://www.tbi.state.tn.us/background_checks/backgrd_checks.shtml

This is the form: http://www.tbi.state.tn.us/background_checks/TORIS-master-memo.pdf

We need to write on it that it needs to be notarized.

We can go to the TBI and get it done in person while we wait:

Tennessee Bureau of Investigation
Headquarters
901 R.S. Gass Boulevard
Nashville, TN 37216
(615) 744-4000

Then we can take it downtown to the Secretary of State to get it apostilled.

Division of Business Services
312 Rosa L. Parks Avenue, Snodgrass Tower, 6th Floor
Nashville, TN 37243

Mar 222012
 

I called the Records Division with the Indiana State Police (317-232-8266).

We need to fill out and download form 8053 (http://www.in.gov/ai/appfiles/isp-lch//LCHrequest.pdf).

We need to obtain a set of finger prints.

And mail to:

Indiana State Police
100 North Senate Avenue
Room 301
Indianapolis, IN 46204

We need to include a $10 fee. And we need to specify that this is for "immigration/citizenship" and that it needs to be "certified".

They also gave me a phone number for obtaining finger prints: 1-877-472-6917 (L-1 Identity Solutions).

Here's the process:

Indiana requires electronic finger prints. However, electronic finger prints cannot cross state borders. So we need to get ink finger prints on hard cards and send them to be registered with L-1. Basically, they take the hard cards, digitize them, and send them along to the Indiana State Police.

Before sending them, we need to register with L-1, pay, and print out the confirmation to include with the prints.

This is the web site: http://www.l1enrollment.com/state/?st=in

She said not to put a zip code and to select "pay for ink card submission" where she will fill in her information, be prompted to pay, and get a confirmation.

I also found this web site: http://www.in.gov/isp/files/FAQ_isp_inkless.pdf

Getting started: 

1) You have a need for a fingerprint based criminal history check. 

2) Schedule an appointment online at http://www.l1enrollment.com/state/?st=in or by calling 1-877-472-6917. 

3) You will need to select the agency or reason you need fingerprinted. If you need an Indiana only fingerprint based criminal history check select the following reason: Criminal Record Review Challenge. 

4) You will choose a location to be fingerprinted. 

5) Payment can be made electronically by credit card or debit card at time of scheduling. You can also pay at the fingerprinting service center by cashier’s check or money order. 

Mar 222012
 

Here is the web site for obtaining a personal FBI criminal background check: http://www.fbi.gov/about-us/cjis/background-checks

Here is the specific information on making a request: http://www.fbi.gov/about-us/cjis/background-checks/submitting-an-identification-record-request-to-the-fbi

Step 1: Complete the Applicant Information Form.

  • If the request is for a couple, family, etc., all persons must sign the form.
  • Include your complete mailing address. Please provide your telephone number and/or e-mail address, if available.

Step 2: Obtain a set of your fingerprints.

  • Provide the original fingerprint card. Previously processed cards or copies will not be accepted.
  • Your name and date of birth must be provided on the fingerprint card. Fingerprints should be placed on a standard fingerprint form (FD-258) commonly used for applicant or law enforcement purposes.
  • Include rolled impressions of all 10 fingerprints and impressions of all 10 fingerprints taken simultaneously (these are sometimes referred to as plain or flat impressions).
  • If possible, have your fingerprints taken by a fingerprinting technician. This service may be available at a law enforcement agency.
  • To ensure the most legible prints possible, refer to the Recording Legible Fingerprints brochure.

Step 3: Submit payment.

  • Option 1: Obtain a money order or cashier’s check for $18 U.S. dollars made payable to the Treasury of the United States. Please be sure to sign where required.
  • Option 2: Pay by credit card using the Credit Card Payment Form. Don’t forget to include the expiration date of the credit card that you are using.
  • Important note: Cash, personal checks, or business checks WILL NOT be accepted.
  • Payment must be for the exact amount.
  • If the request is for a couple, family, etc., include $18 for each person.
  • If the request is for multiple copies per person, include $18 for each copy requested.

Step 4: Review the FBI Identification Record Request Checklist to ensure that you have included everything needed to process your request.

Step 5: Mail the required items listed above—signed applicant information form, fingerprint card, and payment of $18 U.S. dollars for each person or copy requested—to the following address:

FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, WV 26306

Note: Although the FBI employs the most efficient methods for processing these requests, processing times may take approximately eight weeks depending on the volume of requests received.

Update 22 Mar 2012

I called the FBI today to ask about the specific procedure. After calling the central FBI office, they gave me the telephone number for their WV office that handles background checks (1-304-625-2000).

They first pointed me to the web site I had found earlier doing a google search: http://www.fbi.gov/about-us/cjis/background-checks

You need to follow the instructions to "Submit your request directly to the FBI" which links to this page: http://www.fbi.gov/about-us/cjis/background-checks/submitting-an-identification-record-request-to-the-fbi

You need to fill out the application. Easy enough.

There is a specific finger print form on the FBI web site (FD-258), with a link right from the above page. They said that it can be printed out on regular printer paper.

They did say to make sure it was filled out exactly right.

You can (and should) get your prints done by a local police department. In Nashville, they charge $9 for the first set and $1 each for any additional sets. The person seemed to suggest to bring both a filled out form and a blank form in case the police want to fill in the information themselves. The police will (well, should) check ID when they do the prints.

Once you have the application, finger prints, and payment, you send everything in and get the background check back. I didn't ask how long it normally took. From reading other posts elsewhere, I gather that background checks like this "expire" so you don't want to get them too soon in the process. I read someplace that they're only valid for something like 6 months.

For a jure matrimoni application, you likely need to get the FBI background check apostilled. So it's critical that you include another piece of paper that explains why you need the background check authenticated and apostilled. And they recommended also writing at the top of the application that you need it authenticated so that it can be apostilled clearly. 

They made a clear distinction between having it "authenticated", which apparently means the FBI affixing a seal or a signature to the document (kind of like what NARA does on census records perhaps), and having it apostilled, which must be done by the US Department of State.

To get the FBI background check apostilled (which the US Department of State called "authentication"), I first called the federal government information hotline at 1-800-333-4636. They gave me this web site: http://www.state.gov/m/a/auth/

They said to make sure you include a cover letter with your name, phone, mailing address, email, etc. and the country that the document is being used in. They also recommended using FED-EX or UPS – not the US Postal Service – because USPS mail to the State Department apparently needs to be screened and can delay the mail by several weeks (for some reason, FED-EX and UPS don't go through the same screening process).

They said it should take about 10 business days to have the FBI background check apostilled/authenticated by the State Department.

Mar 222012
 

I found this web site for obtaining criminal records from NY State – http://www.criminaljustice.ny.gov/ojis/recordreview.htm

I emailed RecordReview@dcjs.ny.gov:

I am a US citizen by birth and am in the process of finalizing my dual Italian citizenship.

My wife is eligible for Italian dual citizenship by marriage. As part of her application, she needs to obtain "police clearance or certificate of criminal records issued by the central authority of each state of which the applicant has been a resident since the age of 14". She was born in NY and lived in NY until she finished college. My wife was never accused, charged, or convicted of any crime, so we expect it to come back clear.

One complication is that the police clearance / certificate of criminal records must be suitable for an apostille by the Secretary of State of NY. So it needs to be signed and certified. I understand from others who have applied for Italian citizenship by marriage that the criminal record someone might get by applying by the usual methods is not suitable for an apostille and hence is not acceptable by the Italian consulate for citizenship applications.

What is the process for obtaining a signed and certified police clearance / certificate of criminal records suitable for apostille from NY State?

Update 22 Mar 2012

Here is their response:

"… we will have to do is send you out our cardscan packet in the mail. So we will just need a mailing address. once you receive the packet you will fill out the form and take the finger print card to a local police station to get finger printed on. Once all that is completed you will mail to the address on the form. Once we receive it will process it and it will take us 7-10 business days to process and we will get the background check out to you with the sealed and notarized letter."

Mar 212012
 

Now that the jure sanguinis application for me and my children seems to be moving along, I am starting to get information together for my wife's application for Italian citizenship jure matromoni.

This is information from the Ministry of the Interior web site:

Granting of the Italian citizenship to foreign citizens married to Italian citizens and to foreign citizens who reside in Italy

FOLLOWING MARRIAGE TO AN ITALIAN CITIZEN (ARTICLE 5 OF LAW 91/92, as subsequently amended and supplemented)

According to article 5 of Law No. 91 of 5th February 1992, citizenship can be granted following marriage, provided the following conditions are met:

  • The foreign or stateless applicant must be married to an Italian citizen for at least 2 years and he/she must have his/her legal residence in a municipality of the Province for at least 2 years from the date of the marriage. Legal residence means that the applicant must be enrolled in the register of the population and at the same time he/she must hold a valid permit to stay.
  • If the spouses reside abroad, the application can be submitted three years after the date of the marriage.
  • The above periods are reduced by half if the spouses have natural or adopted children
  • Until the adoption of the decree granting citizenship the spouses must not be legally separated and there must not be dissolution or nullity of the marriage or cessation of its civilian effects

Here is some information from the Detroit consulate brochure:

Before submitting the application the marriage must have already been registered at the Town Hall in Italy and the Italian spouse must be registered at the Italian Consulate as an "Italian Citizen residing abroad" (A.I.R.E.). Payment of Euro 200.00 and the following documents:

  • birth certificate of the applicant;
  • certified full copy of marriage certificate issued by the Italian Town Hall;
  • certificate of residence of the applicant.
  • certificate of citizenship of the Italian spouse (this will be issued by the consulate of residence at the time of application);
  • certificate of family status (same as above);
  • police clearance or certificate of criminal records issued by the central authority of each state of which the applicant has been a resident since the age of 14, accompanied by a translation into Italian.
  • F.B.I. Clearance with finger prints form (in addition to the above certificate/s), with translation into Italian.

The fee must be paid prior to the presentation of the request, through international bank transfer or through Eurogiro network. When making your payment use the following guidelines:
Beneficiary: CONTO CORRENTE POSTALE "MINISTERO DELL'INTERNO D.L.C.I. – CITTADINANZA"
IBAN code n. IT54D0760103200000000809020
Reference of payment – For citizenship by marriage please indicate: "ISTANZA DI CITTADINANZA PER MATRIMONIO"

From the Italian Dual Citizenship Message Board, I've learned that it can take over 2 years for the application to be processed by Rome.

On the message board, I found this about getting an FBI background check apostilled (http://italiancitizenship.freeforums.org/apostille-for-fbi-record-t1077.html): 

9. Does the FBI provide apostilles*?

(*An apostille is a certification that a document that has been “legalized” or “authenticated” by the issuing agency through a process in which various seals are placed on the document.)

Yes. The CJIS Division will authenticate U.S. Department of Justice Order 556-73 fingerprint search results for international requests by placing the FBI seal and the signature of a division official on the results if requested at the time of submission. Documents prepared in this way may then be sent to the U.S. Department of State by the requester to obtain an apostille if necessary. This procedure became effective on January 25, 2010 and will apply only to documents finalized after that date. Requests to authenticate previously processed results will not be accepted. This procedure replaces the letter formerly provided by the CJIS Division that indicated the service was not provided. The apostille service is not provided to individuals requesting search results for Canadian immigration, as it is not required for this purpose.

More information from the message board:

"You need a criminal background check in every state he has resided in (ie. had a license or utilities registered in his name). For the criminal background checks, you need to contact the state government and ask for a copy of this that is appropriate for apostille by the Secretary of State (SoS). The SoS is who you will send this form to after you've received it. Appropriate means they have notarized it before sending it to you. I received a couple of un-notarized copies which would not be accepted by the SF consulate as I had to notarize them myself before the SOS would apostille them. … For the FBI check, you need it for visa/immigration purposes and as it is only valid for six months, you might not want to get it too far in advance."

"Try asking for an "authenticated" background check. It has to be "authenticated" before it can be apostilled. Good luck! It just means that they put their seal with a signature that can be verified on it."

"I am beginning the process of getting my husband Italian citizenship through marriage. I spoke to my local consular officer (NY) who told me that I need to collect the certificates of good conduct from each state of birth and residence, and to have each one "legalized" by the Italian Consular authority responsible for that area (i.e., a criminal history from Rhode Island must be legalized by the Italian Consulate in Boston)."

"The U.S. is not one of those countries hostile to the acquisition of second citizenships, so that's not a worry."

"Just remember to say, 'suitable for Apostille.'"

"FBI fingerprints – I called our local police department about this. They do the fingerprinting but the officer who answered the phone wasn't sure if the department had the cards/forms. A poster on another forum wrote that he/she was told by his/her local police department that they don't provide them. The form (FD-258) can be downloaded from the FBI website. Just google From FD-258. I don't know if these copies would be acceptable. The poster indicated that you might want to contact your local FBI Field Office."

"I first had them taken by an authorized outlet for state and government fingerprints (CA requires fingerprints too, so there are many places that do this). State ok'ed them. The Government sent them back stating that they were not clear enough and giving tips to re-take. I had them retaken at the certified place for free, but when I sent them back to the Government, same result. Desperate, I called the local police department almost in tears, and explained my dilemma. They told me to come in and they would try. I apparently have really really bad fingerprints (so they said – they called it potter's hands). They were very very careful (and in fact took the best of three sheets they did) and thankfully, the Government finally accepted them and issued the all clear. Long story short, I'd use the local police. Just be sure they are careful."

"I am reading that you have 3 months to get to the consulate for the background checks."

Mar 202012
 

In reference to your request pertaining to the legalization of Vital Records documents, issued in the States of New York and Connecticut, to be presented to the Italian Consular Office where you reside to claim Italian citizenship through ancestor:

  • send the original documents legalized with the Apostille and translated into Italian, plus 1 set of copies; ( if the US certificates are 1 page, the translation should also be 1 page, not 3). Please check our website under the Vital Records Section which indicates the type of certificate required. Note that if they are not in the long form format, they will not be legalized by this office. 
  • a copy of a valid passport and credit card information (American Express card not accepted), including the expiration date and CCV security code in payment of the fees, which we are not able to quantify, as it depends on the number of documents and the number of pages. A receipt will be mailed to you with the documents;
  • a pre-paid self addressed envelope for the return of the documentation to you;
  • the document validation form below completed, signed and notarized.

The undersigned…………………………………………………………………………

Born on………………………………………….in…………………………………………..

Residing:………………………………………………………………………………………

Passport no……………………………………….

Issued by……………………………………………….
(Please include copy of your passport)

The undersigned assumes all responsibility for the mailing of the original documents in the pre stamped self addressed envelope and will not hold the Consulate General of Italy in New York liable for the loss or damage of the documents while in transit.

Date
____________________________
Signature (to be notarized)
Sincerely
Ufficio cittadinanza
927947

Mar 202012
 

Here is my grandparents marriage certificate from Nativity of the Blessed Virgin Mary. They were married 10 Jun 1939. Witnesses were John Palmeri, probably one of my grandfather's Palmeri cousins, and Mrs. J. D'Arata, who I don't know.

my grandparents' marriage certificate from NBVM Church in Buffalo

interior of Nativity of the Blessed Virgin Mary, where my grandparents were married

Mar 192012
 

I need to get my birth certificate and marriage certificate from NY State authenticated by the Italian consulate in NY City in order to finalize recognition of Italian citizenship for me and my two boys. I emailed them today asking for details about the process (cittadinanza.newyork@esteri.it).

I had previously posted information I had gotten from the discussion boards but I wanted to confirm that I had the correct process.

Mar 192012
 

Going in today, I knew I had some issues with my application. My GGF's MC and naturalization were both misspelled Palmieri rather than Palmeri, my GF's BC was misspelled Palmieri, my GF's BC had Giuseppe rather than Joseph, and I have yet to find my GP's MC.

I arrived 45 minutes early. I had left my hotel near the airport early, not wanting to get stuck in traffic on the way to downtown Detroit or have trouble finding parking. No problems with either. After sitting in the waiting area for a short while, I was invited back to an office 30 minutes before my scheduled appointment.

It was all business. Courteous. Professional. No small talk.

"I need to make copies of your driver's license and your passport." I give her both. I also brought copies and she's happy to take them. I ask if she wants my children's passports too and I tell her I have copies of them. "Give me those."

"Give me your first document." I didn't know which document was first, but figured she meant my GGF's birth certificate. She saw I was confused and said, "The birth certificate for the ancestor you are claiming citizenship." I hand her my GGF's BC. She looks it over, jots some notes in pencil on the apostile attached to it. She says, "That way I won't need to look back at the form itself."

"Your great-grandfather's naturalization record." I hand it to her. She makes some comment to herself that she needs to put something on their web site so that people use the right address for the USCIS. At first I think I did something wrong. Then I realized that she was fine with what I had and was just commenting on what could be problems with documents other people produce. No comment about the misspelling and I did not say anything. I had a "positivo-negativo" letter from my great-grandfather's commune and also had a letter of "one-and-the-same" from the USCIS. But there did not seem to be any need to offer them since she did not note any concerns.

"Your great-grandparent's marriage certificate." She looks it over. It included two pages. One was a copy of the license for the marriage from Armstrong County in Pennsylvania. The other was a signed and sealed certificate from the county clerk that basically recapitulated the signed statement on the license from the priest . She puzzled over this one a while, feeling both pages until she found the seal on one of them. For the other one, she said "This is just a license." I told her that it included the signature of the priest who had married them and that this was what was copied on the page with the certificate and seal. She finally found it and seemed satisfied.

"Your grandfather's birth certificate." She seems fine with it.

"Your grandfather's marriage certificate." I tell her that despite months of searching, contacting the City of Buffalo, New York State, and just about every church in Buffalo, I cannot find a marriage certificate. I offered that I did have my grandfather's death certificate, since that included my grandmother's name on it. "Give that to me." She then says, "Maybe they never got married." I'm pretty sure they did, but of course I say nothing.

Next is my father's birth certificate and my parents' marriage certificate. No problem with those.

Then she gets to my birth certificate and my marriage certificate. "Sigh." Pause. "You know what you need to do next, don't you? You need to get these certified by the consulate in New York." She gives me a page with the contact number for the consulate and tells me the procedure. She emphasizes "Make sure you tell them that you have already come to the Detroit consulate." Later on, she said something to the effect of, "They should send those back to you." Pause. "Hopefully." Sounds like they're equally frustrated with the New York consulate.

Then my children. No problem there. They were born in Tennessee, which is under the Detroit consulate.

So then she says, "Here are some forms you need to fill out in the waiting room. Give them to the receptionist when you are done."

One is a version of the application some consulates have on their web sites, asking for all of the information on birth and marriage dates for GGPs through to me. It's just the Detroit consulate's version.

Then I start to fill out another form. While most items on the form are in both English and Italian, the heading is only in Italian. I think it's just another application form, but the Italian at the top of the page is beyond my ability to decipher. I get about half-way through and then look back at the top of the page and see a superheading in smaller font that ends in A.I.R.E.

She comes out again because I have a question about filling out a section of the A.I.R.E. Basically, it was the place on the form to fill in passport or visa information and she tells me to leave it blank. She says that once I get the birth certificate and marriage certificate approved by the NY consulate she will mail them back to me and then they will be registered with my great-grandfather's commune of Serradifalco. Then my wife can apply.

Being the pessimist, I'm assuming that someone is going to contact me and tell me they found something wrong. If so, I'll deal with it. But from everything I've read on this forum, being asked to fill out the A.I.R.E. basically means that the consulate is approving your application for recognition as an Italian citizen. Fingers crossed that's the case.

Here is a review of what I got and what was needed. 

Needed
GGF BC from Italy
GGF naturalization record
GGP marriage certificate from PA (apostilled and translated)
GF BC from NY (apostilled and translated)
GP marriage certificate needed, but I did not have it (took my GF death certificate in its place and kept official "no record found" certificate from Buffalo)
F BC from NY (apostilled and translated)
P MC from NY (apostilled and translated)
My BC from NY (apostilled and translated), need to get authenticated by NY consulate
Our MC from NY (apostilled and translated), need to authenticated by NY consulate
Children's BCs from TN (apostilled and translated), she authenticated them
Spouses BC from NY (apostilled and translated, but she only needed a photocopy)

Not Needed (but obtained)
Positivo/negativo for my GGF from Italy
One-and-the-same letter for GGF from USCIS
GGF DC (apostilled and translated)
GGM BC from Italy
GGM DC
GM BC from Italy
M BC (apostilled)
M DC (apostilled)

Mar 192012
 

Here are some pictures from my trip to the Detroit consulate. The consulate is in the Buhl building in downtown Detroit on the 18th floor. An old building. A fairly standard office. But a great experience.

Buhl Building

outside the Buhl Building

on the 18th floor

the hallway to the consulate

Consolato D'Italiano

Mar 152012
 

Desperate to find any possible leads on my grandparents' marriage, I emailed one of my cousins asking if he might have any idea where it could have taken place. He told me that my grandmother's parents' church was Nativity of the Blessed Virgin Mary on the west side of Buffalo. That church is closed and I would have never found it searching as I have. I emailed another church and they told me that the records for Nativity of the Blessed Virgin Mary are now held at Our Lady of Hope church in Buffalo. I emailed them. We'll see if they find anything. Fingers crossed that the Italian tradition was to get married in the wife's church.

Update 19 Mar 2012

Today I received an email from Our Lady of Hope Church: "I found the marriage in our books and mailed out the certificate to you last week, probably on Thursday"

Mar 102012
 

Okay, so no record was found in the City of Buffalo for my grandparents marriage abt 1939. I assumed it must have been in Buffalo since that's where they had lived their entire lives. But apparently not. We'll see if my aunt can get a copy of their marriage certificate from NY State. In the meanwhile, I'll email and write the town clerks around Buffalo to see if any others can track down a marriage certificate for me.

At least "no record found" is official (certified, with a raised seal). Perhaps the Detroit consulate will be okay with this. It's better than nothing I suppose.

Update 12 Mar 2012

Other cities and towns who have checked their records:

Depew – NO
Lackawanna – NO
Hamburg – NO

Mar 052012
 

No records of the marriage of my grandparents were found at St. Anthony's, Holy Angels, Holy Cross, or Blessed Sacrament in Buffalo. I'm broadening my search to include St. Paul's, St. Mark's, St. Margaret's, St. Ann's, and St. Joseph's Cathedral. We'll see if any of them find anything.

Update

St. Pauls' – No. 

St. Margaret's – No. But the suggested St. Lucy Church (now closed – records are are at St. Columba-Brigid Parish – 716-852-2076 – 418 N. Division St., Buffalo, NY 14204) or Annunciation, Our Lady of Loretto or Nativity Parish (all are now closed – records are at Our Lady of Hope Parish 716-885-2469, 18 Greenwood Pl., Buffalo, NY 14213) or Holy Spirit Parish – 716-875-8102 – 91 Dakota Ave., Buffalo, NY 14216.

St. Mark's – No.

Mar 012012
 

My aunt had found what looked to be official birth and death certificates for my grandfather, Joseph Palmeri. I wasn't sure if they were indeed official and if they could be apostilled. Today I got them back in the mail.

apostille for my grandfather's birth certificate

 

apostille for my grandfather's death certificate

Feb 242012
 

My aunt had found a certified copy of my grandfather's birth certificate in my grandmother's records. It was old. Not sure if it was an original from 1911 but it was old. I wasn't sure if it would be accepted but I sent it to Erie County for their authorization. They sent it on to NY State for an apostille because NY State called today for some extra information – apparently I transposed a digit on my credit card number – so that means both Erie County and NY would accept it. Great!

Feb 222012
 

I asked the help desk for the New York Supreme Court whether I needed a separate petitions to go with each proposed order or whether similar issues should be lumped together in the same petition with multiple proposed orders. This is what they said:

Even though the information may be similar or the same, you should prepare a separate petition for each proposed order you are requesting to be signed.

Update 12 Mar 2012

Another update. I asked them about court fees and the like. This is what they said:

As previously stated, Erie County does not require an index number nor an RJI be purchased unless you want the original documents to be on file with the Erie County Clerk. If you do want the original documents filed with the Erie County Clerk's Office, you would need to purchase an index number and the fee would be $210.00. That fee would cover all the petitions since this is regarding one specific case.